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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“Agency” means the New Brunswick Statistics Agency established by this Act;(Agence)

“department” means any department, board, commission or agency of the Government of the Province;(ministère)

“Director” means the Director of the New Brunswick Statistics Agency designated under this Act;(directeur)

“Minister” means such member of the Executive Council as is designated by the Lieutenant-Governor in Council to administer this Act and includes a person designated to act on his behalf;(Ministre)

“respondent” means a person or a department in respect of whom or which or in respect of whose activities any report or information is sought or provided pursuant to this Act;(intéressé)

“return” means the record of any report or information provided by a respondent;(relevé)

“Statistics Canada” means the statistics bureau referred to in the Statistics Act, chapter 15 of the Statutes of Canada, 1970-71-72.(Statistique Canada)

Administration

2The Minister is responsible for the administration of this Act and may designate persons to act on his behalf.

New Brunswick Statistics Agency

3(1)There is hereby established an agency to be called the New Brunswick Statistics Agency.

3(2)The Agency, in carrying out its functions under this Act, is subject to the control and direction of and is responsible to the Minister.

Powers of Agency

4(1)The Agency may promote and develop integrated social and economic statistics relating to the Province or the government or both and in particular may

(a) collect, compile, analyse, abstract, project and distribute statistical information relating to the commercial, industrial, financial, social, economic and general activities and condition of the Province and persons in the Province;

(b) collaborate with or assist departments in the collection, compilation and distribution of statistical information, including statistics derived from the activities of those departments;

(c) promote the adoption of appropriate statistical standards and the avoidance of duplication in the information collected by the departments; and

(d) coordinate statistical activities between the Government of the Province and statistical agencies of other governments.

4(2)In addition to the powers conferred upon the Agency under subsection (1), the Lieutenant-Governor in Council may authorize the Agency to collect, compile, analyse, abstract, project and distribute such other statistical information as the Lieutenant-Governor in Council may consider necessary.

Designation of Director

5(1)The Lieutenant-Governor in Council shall designate a person employed under the Minister to be the Director of the New Brunswick Statistics Agency for the purposes of this Act and to carry out the duties of Director under this Act.

5(2)The Minister may employ persons appointed under the Civil Service Act to assist the Agency in carrying out its functions.

Duties of Director

6The Director shall

(a) advise the Minister on matters relating to the Agency;

(b) advise departments on and assist with statistical matters, projects and programs; and

(c) under the direction of the Minister, supervise the administration of this Act and matters arising under this Act.

Oath of office

7(1)The Director and every person employed for the purposes of this Act shall, before entering upon his duties, take and subscribe an oath or affirmation in the following form:

I, , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as an employee of the New Brunswick Statistics Agency in conformity with the requirements and provisions of the Statistics Act and all rules and instructions thereunder and that I will not without due authority disclose or make known any matter or thing that comes to my knowledge by reason of my employment. (In the case where an oath is taken add “So help me God”.)

7(2)The oath or affirmation referred to in subsection (1) shall be taken before a person authorized to administer an oath or affirmation and shall be recorded in such manner as the Minister may direct.

Establishment of rules, instructions, schedules and forms

8The Minister may establish such rules, instructions, schedules and forms as are considered necessary for conducting the work and business of the Agency and for the collecting, compiling and distribution of statistics and other information.

Prohibition respecting discrimination

9(1)The Lieutenant-Governor in Council, the Minister, the Agency or the Director shall not, in the performance of their functions or the execution of their powers conferred by this Act, discriminate between individuals or companies to the prejudice of any such individuals or companies.

9(2)Notwithstanding anything in this Act, the Minister may authorize the use of sampling methods for the collection of statistics.

Voluntary information

10The Minister may authorize the obtaining, for a particular purpose, of information on a voluntary basis and, where such information is requested, sections 17 and 18 do not apply in respect of a refusal or neglect to furnish the information.

Access to documents and records

11(1)A person having the custody or charge of any documents or records that are maintained in any department, municipal office, rural community office, company, business or organization, from which information sought in respect of the objects of this Act can be obtained or that would aid in the completion or correction thereof, shall grant access to the documents or records for those purposes to the Director or a person authorized by the Director.

Document as evidence

11(2)Any document purporting to be signed by the Minister or the Director that refers to any appointment or removal of, or that sets forth any instructions to, any person employed in the administration of this Act is prima facie evidence of the appointment, removal or instructions and that the document was signed and addressed as it purports to be.

2005, c.7, s.79

Agreement with Statistics Canada

12(1)The Minister may, subject to the approval of the Lieutenant-Governor in Council, enter into an agreement with the Minister responsible for Statistics Canada for the exchange with or transmission to, Statistics Canada, of

(a) replies to any specific statistical inquiries;

(b) replies to any specific classes of information collected under this Act; and

(c) any tabulations or analyses based on replies referred to in paragraph (a) or (b).

12(2)Except in respect of information described in subsection 14(2), no agreement entered into under this section applies to any reply made to or information collected by the Agency before the date that the agreement was entered into or is to have effect, whichever is the later date.

12(3)Where any information, in respect of which an agreement under this section applies, is collected by the Agency from a respondent, the Agency shall, when collecting information, advise the respondent of any agreement under this section with Statistics Canada under which the information received from the respondent may be communicated to Statistics Canada.

Agreement with other bodies

13(1)The Minister may enter into an agreement with a department, municipality, rural community, company, business, organization or the Government of Canada or a province for the exchange of information collected jointly with any one of them and for subsequent tabulation or publication based on such information.

13(2)An agreement under subsection (1) shall provide that

(a) the respondent shall be informed that the information is being collected jointly on behalf of the Agency and the department, municipality, rural community, company, business, organization, or the Government of Canada or a province, as the case may be, by a notice to that effect; and

(b) the agreement shall not apply in respect of any respondent who gives notice in writing to the Director that he objects to the sharing of the information between the Agency and the body referred to in paragraph (a).

13(3)Any exchange of information pursuant to an agreement under this section may, subject to subsection (2), include replies to original inquiries and supplementary information provided by a respondent to the Agency or the other body jointly collecting the information.

2005, c.7, s.79

Disclosure of information

14(1)Except as otherwise permitted by section 12 or 13 or by this section and except for the purposes of a prosecution under this Act,

(a) no person, other than a person employed under this Act and sworn or affirmed under section 7, shall be permitted to examine any identifiable individual return made for the purpose of this Act; and

(b) no person who has been sworn or affirmed under section 7 shall disclose or knowingly cause to be disclosed, by any means, any information obtained under this Act in such manner that it is possible from any such disclosure to relate the particulars obtained from any individual return to any identifiable individual person, business or organization.

14(2)The Director may authorize the disclosure of

(a) information collected by persons, organizations or departments for their own purposes and communicated to the Agency, but information when communicated to the Agency shall be subject to the same secrecy requirements to which it was subject when collected and may only be disclosed by the Agency in the manner and to the extent agreed upon by the collector thereof and the Director;

(b) information relating to a person or organization in respect of which disclosure is consented to in writing by the person or organization concerned;

(c) information relating to a business in respect of which disclosure is consented to in writing by the owner for the time being of the business;

(d) information available to the public under any statute or other law; and

(e) information in the form of an index or list of

(i) the names, addresses and locations of individual establishments, firms or businesses,

(ii) the products produced, manufactured, processed, transported, stored, purchased or sold, or the services provided, by individual establishments, firms or businesses in the course of their business, or

(iii) the names, addresses and locations of individual establishments, firms or businesses that are within specific ranges of numbers of employees or persons engaged or constituting the work force.

Return as evidence

15(1)Except for the purposes of a prosecution under this Act, any return made to the Agency or the Director pursuant to this Act and any copy of the return in the possession of the respondent is privileged and shall not be used as evidence in any proceedings whatever, and no person sworn or affirmed under section 7 shall by an order of any court, tribunal or other body, be required in any proceedings whatever to give oral testimony or to produce any return, document or record with respect to any information obtained in the course of administering this Act.

15(2)This section applies in respect of any information that the Agency is prohibited by this Act from disclosing or that may only be disclosed pursuant to an authorization under subsection 14(2).

2009, c.R-10.6, s.96

OFFENCES AND PENALTIES

Offences and penalties

16Every person who, after taking the oath or affirmation set out in section 7,

(a) wilfully makes any false declaration, statement or return in the performance of his duties;

(b) in the pretended performance of his duties, obtains or seeks to obtain information that he is not duly authorized to obtain;

(c) violates paragraph 14(1)(b);

(d) wilfully discloses or divulges directly or indirectly to any person not entitled under this Act to receive the same, any information obtained by him in the course of his employment that might exert an influence upon or affect the market value of any stocks, bonds or other security or any product or article; or

(e) uses any such information for the purpose of speculating in any stocks, bonds or other security or any product or article;

commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

1990, c.61, s.134

Offences and penalties

17Every person who, without lawful excuse,

(a) refuses or neglects to answer, or wilfully answers falsely, any question requisite for obtaining any information sought in respect of the objects of this Act or pertinent thereto that has been asked of him by any person employed under this Act; or

(b) refuses or neglects to furnish any information or to fill in to the best of his knowledge and belief any schedule or form that he has been required to fill in, and to return the same when and as required of him pursuant to this Act, or knowingly gives false or misleading information or practises any other deception thereunder;

commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

1990, c.61, s.134

Offences and penalties

18Every person

(a) who, having the custody or charge of any documents or records that are maintained in any department, municipal office, rural community office, company, business or organization, from which information sought in respect of the objects of this Act can be obtained or that would aid in the completion or correction thereof, refuses or neglects to grant access thereto to any person authorized for the purpose by the Director; or

(b) who otherwise in any way wilfully obstructs or attempts to obstruct any person employed in the execution of any duty under this Act;

commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

1990, c.61, s.134; 2005, c.7, s.79

Offences and penalties

19Every person who falsely represents himself or herself to be making an inquiry under the authority of this Act or under the authority of the Minister or Director commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

1990, c.61, s.134

Regulations

20The Lieutenant-Governor in Council may make regulations for carrying out the purposes and provisions of this Act.

Commencement

21This Act or any provision thereof comes into force on a day to be fixed by proclamation.

N.B. This Act was proclaimed and came into force August 9, 1984.

N.B. This Act is consolidated to March 1, 2013.

S-12.3 - Statistics Act

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